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MadeOneMistake's Immigration Cases

People who are "bi..tc..ching" about illegals will be the one who will start favoring to block the legal eb based immigration soon after they cross their wall. To save their own jobs. Commonly found human nature.

And yeah, none of us is a slave to our job, location or country.. We can travel.. earn decent money and have freedom of moving and roughly working or atleast returning with no fears.

However, illegals cross hostile deserts .. or seas.. often conquer death.. once here-stand on corners to hope for work and hoping to get paid.. for a start and then move on to step by step.. always fearful of getting caught.. face family breakage.. cant even visit a dying mom or dad.. and so on and so forth..

I am no illegal.. I have status fears like any one of you.. but I cant imagine a day living in fear.. and I understand that there are laws.. I dont wantt anyone to be forced to break them.. but when poverty and misery strike.. people do stuff.. and search for greener pastures while harming no other human being, is not a crime against humanity.. it never will be. Illegals do pay for their crime everyday because they are illegals.. let us not invite more wrath on them..

Yeah.. reform legal immigration.. may be first.. but dont corner the helpless further.

no matter what.. cant be worse than EB3 India..

Ohh.. I just got my fifth EAD.. first time valid for 2 years.. PD March 2002.. 2 FPs and an interview already.. still seeing no light for atleast another year..

To cut the long story short -

Bansal overbilled with the help of a manager in the govt.. got paid.. gave part of its profit to the manager in the govt. Great crime. I wonder if FBI could use some of its resources in finding where Madoff's money went.. that might be more useful.

However, this doesnt excuse Bansal of his wrongdoings but I still have a sense that overall effort is to crack down on H1B consulting to scare away some folks and help jobless people in this land at the time of their need.

I am sure, we will find some objectionable chemicals in coke/pepsi bottles sold in India and China. Protectionism strikes back!

I am surprised at the generalization done by some posters here.

We all have experienced our fair share of good and bad while dealing with all kind of people. While part of the problem is with the bad folks, a fair blame may lie with us as well if you look a bit inward.

All societies have experienced their share of lawlessness as well as greatness. For every Raju, there is a N.Murhty. While there are some fraudters everywhere like Bernie Madoffs, there are Bill Gates and Steve Jobs.. Lou Dobbs and John Stewarts.. There are rightwingers as well as left wingers.. Part of the same societies..

If SOME Gulties have got their news item to payback today, it is hardly surprising that Some of them havent fared any better than some of their north indian counterparts who painted all gulties with same brush the day Satyan Faraud was found out..

Depression brings the best and worst out of people. Best are those who unite in encountering the difficulties and tread cautiously specially in difficult time. The worst are those who take advantage of it to pull down a few others of their kind so that they can feel better themselves. However they are just deluding themselves. Usually they all will end up shooting and each others and others will have fun while it lasts.

I wish common sense will prevail and all of us will learn from our long journeys and experience.. and not shame the coolie that works as a slave to feed his family and little ones.. And I believe that a coolie/workman/day laborer/jainitor has the same shot at happiness which is the eventual goal as a rich folk whose work gets done.. You will find that rich and powerful is always more worried. All the so called low level professions demand as much respect as of nobles. Atleast this much we should learn from our lives.

Even an illegal is just illegal because some folks with strings made a law making them such. They are also just human beings like us, working hard to buy a second hand toy for their new baby.. Hardly anything sinful.

Ok. Let me give you some hope with a reason.

My PD is 2002 Mar and I am waiting. But that doesnt mean you will have to wait the same amount of time as me. Here is why -

The total EB based cases (I-485 mainly) are around 300-400K. Total Indian cases are 50K EB2+70K EB3. If you consider country quotas, you wont get it even in 15 years. But because of your good luck, economy sank. Hence any more labors are unlikely to be approved and very few new H1Bs will enter this country based on new levels of fears and scrutiny. Hence the new case that will be filed in EB categories are going to significantly lower than annual limits. Either due to existing retrogression or just because DOL wont approve any LCs anymore for some time to come.

Now that brings a scenario when in couple of years, spillover starts helping EB3 India, one its done with EB2folks. Most likely it will take 2 years from today.

Now since new apps arent being filed and economy will take a bit of tick upwards in next 2 years(historically hindsight) and DOL will start approving some LCs as well, USCIS will have an itch to attract new application to keep their bonuses going.. anyway how long the 2007 money will last! So they will make it all current for a couple of month to rake up money from whomsoever they could find. Since your are already on the GC train, higly likely that your crisp and light application gets approved.. even at the cost of a long term waiter.. 2004ish kinds application that has grown fat and IOs will dread such hefty paperwork and process of digging through it.

So my friend. Just hang on to your job, save money.. you GC will be in your hand .. latest in 3 years. You just heard it here first.

GolfCharlie,
No, you are incorrect. For example this is nothing but rhetoric to paint me as if I want all visas for Indians which is what basically you have been trying to say using more modest words than some of other ROW folks-

e.g You said

"Your interpretation is that unused EB4-ROW, EB5-ROW, EB1-ROW, EB2-ROW visa numbers should all go to EB2-India."

Nowhere I say that. I said - EB1=>EB2=>EB3 and EB4,EB5 => EB1 and so son

So it has nothing to do with EB2-India. Just because Indians make the biggest work force in all categories, obviously they are retrogressed. Hence they are the ones who will get spillovers. It has nothing to do with them being Indians or Chinese..

Second, mentioning a bunch of legal section names/codes to make it sound that as if you have interpreted it correctly and DOS has not, is not convincing. Can you bother to tell us, what is the exact language in these sections of laws that support your stand. I could not find any. Bother to tell us why are you lying?

what ROW folks are forgetting that .."John Yoo" (The torture memo guy.. ) was interpreting the law in first 7 years of GWB's term. Well he is already out of the door.. So his earlier spillover recommendations were as good as his torture memos.

Everything he did is being reversed. Hence the new and correct spillover strategy.

I wish we could sue and get the wrongly spilled numbers back from 2001-2007.

Just kidding.

So GolfCharlie,

The key word for you is "interpretation". And this is your "interpretation" supported by a generic statement by Ron Gotcher.

Well here is what visa bulletin says for EB-3

"Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "

I hope you get my drift.

Pardon my ignorance, but what justification there is, legal or otherwise to give priority to EB3-ROW folks over EB2-I/C folks when spillover is considered? Visa bulletin and visa bulletin clearly states that EB1 => EB2 => EB3. and then from top to bottom from ROW to retrogressed countries.. In my opinion, ROW folks are already enjoying much better odds than us Indians no matter how you look at it.

Folks,

If my predicament can make you feel any good, my PD is Mar 02. I am on my fifth EAD as of today and I havent been feeling as bad as you EB3-ROW folks. Stuff happens and USCIS HAVE mood swings often. So only way you can go is up now.

I am an oldie as the title of the thread suggests.

Applied for my 5th EAD a month back(4 months before expiration of the previous one). Got approved almost in a flash.

So contrary to my expectations, they ate 3 months off of my last EAD by approving it so fast. Last time when I deliberately made it a bit late and by that I mean, I still applied a couple of months before the expiry date of my previous EAD, they ended up creating a gap in two consecutive EADs. Fortunately I am on H1b as well. Wife had to quit her work though.

I am just hoping since my PD is still not current, they will give me a 2 year EAD. Even though for me, my company pays, I still have to pay my costly legal folks for my wife's EAD/APs and that comes to 1375 a year including all fees etc :every year. :(

I have gotten these sift LUDs a couple of times last year on my I-485 application and My PD was not current the whole of last year. It simply didnt mean anything for me. Hope it means something for you since your dates are good.

I got the first one in Oct2005. Second notice in May 2007. For the next one I am waiting.. Rule is .. at the time of approval, your FPs shouldnt be more than 15 months old. However this doesnt mean they issue a new FP exactly after 15 months. Please note that at the time of issuing my old FP(both of them), I wasnt current.

SO if you are current and your FP is more than 15 months old, raise your voice. Otherwise you may hit retro again because you cant be approved as your FP isnt current.

This is very normal. I got LUDs on almost all my applications that were filed and approved as far back as 2000. Old H1Bs/H4s.. almost everything. It (may be) menas that someone is reviewing all of your past. My interview was in 2007 July. I tracked it daily before and after that. After interviews, however there is almost no update since my PD isnt current ever since.

My case is in local office since 2007. After interview I havent got any updates on my cases ever. Some random LUD changes but no updates.

Thanks ZKHAN. Looking at your case gives me the feeling that I am demanding too much for me. Anyway, wish you all the best.

folks,
My file is in San Jose local office. Didnt get approved at the time of interview because visa numbers werent available during July 07 fiasco time for me. Havent been current since.. am in dreaded EB-3 India category. PD is Mar 2002.

Last time I was FPed in May 07. Just before my file went to local office. Since then I havent got any more FP notices. As far as I understand, I should be FPed around every 15 months. How do I get a new FP notice? Can an infopass help? I tried an inforpass long back in San Jose local office for an EAD issue and was almost thrown out by the guy at the gate who thought I am not the ONLY ONE stuck.

I am just trying to prevent a missed-the-boat-again scenario just because my FPs arent current while my PD becomes current in future.

6 H1-Bs
4- H4s
1-LC
1-I140
2-I485(self and spouse)
2 FPs
4+4=8 EADs self and spouse(5th set in process)
4+4=8 APs self and spouse(5th set in process)
1+1=2 AOS interviews

Member Profile: MadeOneMistake (119 posts)